MANLY v. CITY OF SHAWNEE

No. 99,155.

194 P.3d 1 (2008)

Robert W. MANLY and Jane Manly, Appellees/Cross-appellants, v. CITY OF SHAWNEE, Kansas, Appellant/Cross-appellee, and Shawnee Mission School District, a/k/a Unified School District No. 512, Appellee/Cross-appellee.

Supreme Court of Kansas.

October 17, 2008.


Attorney(s) appearing for the Case

Marvin E. Rainey, of Rainey & Rainey, of Overland Park, argued the cause, and Chad E. Humble, of the same firm, was with him on the briefs for appellant/cross-appellee City of Shawnee.

Rod L. Richardson, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Overland Park, argued the cause, and Richmond M. Enochs and James L. MowBray, of the same firm, were with him on the briefs for appellees/cross-appellants Robert Manly and Jane Manly.

Curtis Tideman, of Lathrop & Gage, L.C., of Overland Park, argued the cause, and Jeffrey R. King and David E. Waters, of the same firm, were with him on the briefs for appellee/cross-appellee Shawnee Mission School District.

Donald L. Moler, Jr., executive director, and Sandra Jacquot, legal counsel, were on the brief for the amicus curiae League of Kansas Municipalities.


The opinion of the court was delivered by JOHNSON, J.:

This appeal and cross-appeal emanate from the Shawnee Mission School District's (school district) application to the City of Shawnee (City or City Council) for a special use permit to allow the construction of an illuminated softball complex and stadium next to property owned by Robert and Jane Manly. Although the facility has been constructed and in use for some time, the City appeals the district court's ruling...

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